Restoring a Balance of Power
It’s the word of the day – federalism. Few Americans have any idea what it actually means or know of its historical origins, but with the massive expansion of the federal government since the election of President Obama, more people are learning. From government take over of healthcare, student loans and auto companies to bailouts of banks, we have seen an unprecedented expansion of federal power.
Cutting through some of the rhetoric surrounding the issue, essentially, federalism means that the federal government will do what it is constitutionally empowered to do, and the states will do the rest. It has long been forgotten that the federal government exists at the mercy of the states (and of course, their citizens), not the other way around. As the federal government explodes in size and power, some efforts are being undertaken to attempt to restore at least some balance of power.
The recent elections are evidence that while Americans may not be entirely familiar with federalism, they support it!
In Virginia, an effort to restore federalism is being led by Speaker of the House of Delegates Bill Howell (R-28, Fredericksburg) through a repeal amendment to the U.S. Constitution. The repeal amendment would simply allow for any federal law – ObamaCare for example – to be repealed if two-thirds of the states agree on the repeal.
You might say it’s a bill to protect “fly over country” from ideas that start in New York and California.
The Family Foundation supports this effort. We believe that there is an important role for the federal government but that the jurisdiction of the feds is limited. A repeal amendment would be a step toward restoring the intent of the Constitution.
While some worry that an effort to amend the U.S. Constitution through a convention could have unintended consequences, any effort to do so can be limited to this issue alone. Frankly, the Constitution is being misinterpreted by courts and by the federal government just about every day. The repeal amendment would give states the ability to correct some of those misinterpretations.
State Senators Ryan McDougle (R-4, Mechanicsville) and Jill Vogel (R-27, Winchester) and Delegate Jim LeMunyon (R-67, Oak Hill) have introduced legislation (SJ 280 and HJ 542) that applies to Congress to call for a convention to add the repeal amendment to the Constitution. At least two-thirds of the states would have to do the same thing before Congress can act; then, once an amendment is passed through a convention, three-fourths of the states would have to ratify it.
Our Founding Fathers understood the need for a system of checks and balances to ensure our freedoms. The repeal amendment would be another tool that could be used to protect our freedoms and ensure that balance is restored.
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